Saturday, June 29, 2013

SC ruling on that Marinduque matter

SC: Poll cases under Comelec until June 30

By Rey G. Panaligan
Published: June 29, 2013
Reposted from  MANILA BULLETIN
Manila, Philippines --- The Supreme Court (SC) has ruled that the Commission on Elections (Comelec) has jurisdiction over congressional candidates’ cases, even if already proclaimed, until before noon of June 30 after which the House of Representatives Electoral Tribunal (HRET) takes over.

In a landmark ruling written by Justice Jose Portugal Perez, the SC ruled that once a winning congressional candidate has been validly proclaimed, taken a proper oath, and assumed office as a member of the House of Representatives, the Comelec’s jurisdiction ends and the HRET’s own jurisdiction begins at noon of June 30.

But the SC stressed that the oath of office of an elected congressman is valid if it is done “before the Speaker of the House of Representatives and in open session.”

Thus, it said, an oath of office of an elected congressman – even if administered by the Speaker of the House of Representatives – that was not done during an open session of Congress is invalid.

“It is then clear that to be considered a member of the House of Representatives, there must be a concurrence of the following requisites – a valid proclamation, a proper oath, and assumption of office,” the SC said.
The SC also said that a proper pleading must be filed before the HRET for the tribunal to commence its jurisdiction over a case.

“Indeed, in some cases, this Court has made the pronouncement that once a proclamation has been made, Comelec’s jurisdiction is already lost and, thus, its jurisdiction over contests relating to election, returns, and qualifications ends, and the HRET’s own jurisdiction begins,” the SC said.

“However, it must be noted that in these cases, the doctrinal pronouncement was made in the context of a proclaimed candidate who had not only taken an oath of office, but who had also assumed office,” it explained.

The ruling of the SC on the Comelec-HRET jurisdiction was handed down on the petition filed by Regina Ongsiako Reyes who was disqualified by the Comelec to run as congressional candidate for the lone district of Marinduque in the last May 13 election on account of her lack of residency and for being an American citizen.

On March 27, 2013, the Comelec’s first division cancelled Reyes’ certificate of candidacy (CoC).
The first division ruling was affirmed by the Comelec en banc in a resolution dated May 14, 2013. Reyes was proclaimed winner in the Marinduque congressional election on May 18, 2013.

On June 5, 2013, the Comelec en banc declared its May 14, 2013 resolution final and executory “considering that more than 21 days have elapsed from the date of promulgation with no order issued by the SC restraining its execution.” On the same day, Reyes took her oath of office before Speaker Feliciano R. Belmonte Jr. of the House of Representatives.

On June 7, 2013, Reyes filed a petition with the SC assailing the resolutions issued by the Comelec on March 27, 2013 and on May 14, 2013.

In her petition, Reyes told the SC that the HRET has jurisdiction over her case and that the Comelec was ousted of its jurisdiction when she was proclaimed congressman-elect of Marinduque.

In resolving her petition, the SC pointed out that “it appears that Reyes’ recourse to this Court was made only in an attempt to enjoin the Comelec from implementing its final and executory judgment….”

Contrary to Reyes’ claim, the Comelec retains jurisdiction over her case, the SC said.

“The HRET does not acquire jurisdiction over the issue of Reyes’ qualifications, as well as over the assailed Comelec resolutions, unless a petition is duly filed with the tribunal. Reyes has not averred that she has filed such action,” the SC said.

It pointed out that “the jurisdiction of the HRET begins only after the candidate is considered a member of the House of Representatives, as stated in Section 17, Article VI of the 1987 Constitution,” it added.

It said that “although Reyes took an oath before Speaker Belmonte, there is no indication that it was made during plenary or in open session and, thus, it remains unclear whether the required oath of office was indeed complied with.”

“More importantly, we cannot disregard a fact basic in this controversy that before the proclamation of Reyes on 18 May 2013, the Comelec en banc had already finally disposed of the issue of her lack of Filipino citizenship and residency via a resolution dated 14 May 2013. After 14 May 2013, there was, before the Comelec, no longer any pending case on Reyes’ disqualification to run for the position of member of the House of Representatives. We will inexcusably disregard this fact if we accept the argument of Reyes that the Comelec was ousted of jurisdiction when she was proclaimed, which was four days after the Comelec en banc decision. The board of canvassers which proclaimed Reyes cannot by such act be allowed to render nugatory a decision of the Comelec en banc which affirmed a decision of the Comelec first division,” the SC said.

“In view of the foregoing, the instant petition is dismissed, finding no grave abuse of discretion on the part of the Commission on Elections. The 14 May 2013 resolution of the Comelec en banc affirming the 27 March 2013 resolution of the Comelec first division is upheld,” the SC ruled.

Chief Justice Maria Lourdes P. A. Sereno, and Justices Teresita J. Leonardo-de Castro, Mariano C. del Castillo, Lucas P. Bersamin, Roberto A. Abad, and Bienvenido L. Reyes concurred in the resolution.

The dissenters were Senior Justice Antonio T. Carpio and Justices Arturo D. Brion, Marvic Mario Victor F. Leonen and Martin S. Villarama Jr.

Justices Jose Catral Mendoza, Estela M. Perlas-Bernabe and Presbitero J. Velasco Jr. inhibited themselves. Rep. Lord Allan Velasco, Reyes’s rival in Marinduque, is the son of Justice Velasco. Justice Diosdado M. Peralta was on official leave. 

SC stops transfer of Marinduque lawmaker's case to HRET

SC stops transfer of Marinduque lawmaker’s case to HRET

MANILA, Philippines - The Supreme Court (SC) has effectively stopped the transfer of the case against elected Marinduque Rep. Regina Reyes to the House of Representatives Electoral Tribunal (HRET), releasing its decision upholding her disqualification in the May 13 polls three days before she assumes her post.
In a 16-page resolution released last Thursday, the SC delineated the jurisdiction of the Commission on Elections (Comelec) and HRET on poll cases involving members of the House of Representatives.
Majority Leader and Mandaluyong City Rep. Neptali Gonzales II was earlier quoted as saying that Reyes’ case has reached the HRET after she was proclaimed winner in the congressional race. 
But the SC held that the HRET, the body tasked to resolve electoral cases involving members of the House, has no jurisdiction on Reyes who has not officially started her term yet.
“The HRET does not acquire jurisdiction over the issue of Reyes’ qualifications, as well as over the assailed Comelec resolutions, unless a petition is duly filed with (the) tribunal.  Reyes has not averred that she has filed such action,” read the ruling penned by Associate Justice Jose Portugal Perez.
“The jurisdiction of the HRET begins only after the candidate is considered a member of the House of Representatives, as stated in Section 17, Article VI of the 1987 Constitution,” the SC said.
Reyes, according to the SC, does not become a member of the House until she completes three stages specified in the law – valid proclamation, proper oath taking, and official assumption of office at noon of June 30 after the polls.
The SC also questioned the oath of office taken by Reyes before Speaker Feliciano Belmonte Jr.
The oath of office of an elected congressman, according to the high court, is valid if it is done “before the Speaker of the House of Representatives and in open session.” 
“Although Reyes made an oath before Speaker Belmonte, there is no indication that it was made during plenary or in open session and thus, it remains unclear whether the required oath of office was indeed complied with,” the SC said.
In the same ruling, the SC upheld Comelec’s disqualification of Reyes for failure to renounce her American citizenship as required of candidates with dual citizenships.

Wednesday, June 26, 2013

Hign Court unseats Marinduque lawmaker

Supreme Court Seal

High Court unseats Marinduque lawmaker

June 25, 2013 8:27 pm
THE Supreme Court has affirmed the move of the Commission on Election (Comelec) to unseat Rep.-elect Regina Ongsiako Reyes of Marinduque because she is an American.
During the Court en banc’s on Tuesday session, it ruled to dismiss the petition for certiorari filed by Reyes who sought to stop the disqualification imposed on her by the poll body for lack of merit.
With a vote of 7-4-3, the majority of the magistrates led by Associate Justice Jose Perez ruled that there was no grave abuse of discretion on the part of the Comelec.
Joining Perez are Chief Justice Maria Lourdes Aranal-Sereno, Teresita Leonardo-de Castro, Mariano del Castillo, Lucas Bersamin, Roberto Abad and Bienvenido Reyes.
Four of the justices who dissented in the ruling were Magistrates Antonio Carpio, Arturo Brion, Marvic Mario Victor Leonen and Martin Villarama.
The dissenters believe that the petition of Reyes must not be junked, but instead order the respondent Comelec to file its comment.
Three inhibited from the case—Justices Jose Catral Mendoza, Estela Perlas-Bernabe and Presbitero Velasco. Justice Diosdado Peralta is abroad.
Velasco recused himself from the case since his son, incumbent Rep. Lord Allan Velasco of Marinduque, is the opponent of Reyes in the May 2013 polls.
In May 2013, Comelec ruled with finality that Reyes is disqualified because she is an American citizen.
In a four-page resolution of the Comelec en banc promulgated on May 14, it junked the motion for reconsideration filed by Reyes.
Voting five against one, with one abstention, it affirmed with finality the Comelec 1st Division’s 27 March 2013 Resolution canceling Reyes’ Certificate of Candidacy for the position of Congresswoman of the Lone Legislative District of Marinduque.
Only Comelec Chairman Sixto Brillantes dissented in the ruling while Commissioner Louie Guia took no part in the deliberation and abstained from the case.
With the said ruling, it effectively voids the victory of Reyes against incumbent Marinduque Rep. Velasco under Republic Act 6646 which states: “Any candidate who has been declared by final judgment to be disqualified shall not be voted for, and the votes cast for him shall not be counted.”

SC rejects Reyes petition

Supreme Court of the Philippines

Marinduque solon loses SC petition

By Rey E. Requejo | Posted on Jun. 26, 2013 at 12:01am

Reposted from Manila Standard Today


The Supreme Court  has  rejected the petition of Regina Ongsiako Reyes in her bid to reverse a  Commission on Elections decision to disqualify her as a candidate for the lone congressional district in Marinduque in the  May 13 elections.

During en banc session, seven justices voted to dismiss Reyes’s petition, four dissented, three inhibited themselves, and one was on official leave.
In its decision, the Comelec en banc – affirming the ruling of its first division – declared that Reyes is an American citizen and not qualified to run for an elective post. Reyes is the daughter of Marinduque Gov. Carmencita Reyes and the sister of former congressman Edmundo Reyes Jr.
The poll body also ruled that Reyes lacked the required one-year residency in Marinduque.
The disqualification petition against Reyes was filed by Joseph Socorro B. Tan, a registered voter and a resident of Torrijos, Marinduque.
The SC ruling upholding the decision of the Comelec en banc in effect nullified the proclamation of Reyes as congresswoman-elect.
With the Reyes’ victory voided, the Comelec was expected to proclaim incumbent Congressman Lord Allan Velasco as the winner in the May 13 election in Marinduque’s lone congressional district.
Among the SC justices who voted for the dismissal of Reyes’ petition were Justice Jose Portugal Perez, Chief Justice Maria Lourdes P. A. Sereno, and Justices Teresita J. Leonardo-de Castro, Mariano C. del Castillo, Lucas P. Bersamin, Roberto A. Abad, and Bienvenido L. Reyes.
The dissenters were Senior Justice Antonio T. Carpio and Justices Arturo D. Brion, Marvic Mario Victor F. Leonen and Martin S. Villarama Jr.
Justices Jose Catral Mendoza, Estela M. Perlas-Bernabe and Presbitero J. Velasco Jr. inhibited themselves. Rep. Velasco is the son of Justice Velasco.  Justice Diosdado M. Peralta is on official leave.
On March 27, 2013, the Comelec’s first division cancelled Reyes’ certificate of candidacy (COC) for being an American citizen and for lack of the one-year residency for candidates to an elective office.
It said that “a Filipino citizen who becomes naturalized elsewhere effectively abandons his domicile of origin.”
In the case of Reyes, the poll body said that “there is no showing whatsoever that respondent (Reyes) had already re-acquired her Filipino citizenship… so as to conclude that she has regained her domicile in the Philippines, and there being no proof that respondent had renounced her American citizenship, it follows that she has not abandoned her domicile of choice in the United States of America.”
The Comelec ruled that Reyes is an American citizen as evidenced by her use of a United States passport No. 306278853 in her travels to the US since October 14, 2005 up to June 30 2013. It also said that Reyes was admitted to the California State Bar in 1995, maintained a US address, married an American citizen but the marriage was subsequently dissolved, and acquired properties and established businesses in the US.

Supreme Court upholds disqualification

Supreme Court en banc

SC upholds disqualification of Marinduque House bet
By Rey G. Panaligan
Reposted from: Manila Bulletin

The Supreme Court (SC) dismissed yesterday the petition of Regina Ongsiako Reyes who challenged her disqualification by the Commission on Elections (Comelec) as a candidate for the lone congressional district in Marinduque in the last May 13 elections.

In yesterday’s full court session, seven justices voted to dismiss Reyes’s petition, four dissented, three inhibited themselves, and one was on official leave.


In its decision, the Comelec en banc – affirming the ruling of its first division – declared that Reyes is an American citizen and is not qualified to run for an elective post.


The Comelec also ruled that Reyes lacked the required one-year residency in Marinduque.


With the SC ruling affirming the decision of the Comelec en banc, it is expected that the proclamation of Reyes as congresswoman-elect for Marinduque will be nullified.


With the nullification of Reyes’ proclamation, the Comelec is expected to proclaim incumbent Congressman Lord Allan Velasco as the winner in the May 13 election in Marinduque’s lone congressional district.


Under the law, the Comelec retains jurisdiction over petitions involving candidates who were proclaimed winners as members of the House of Representatives until their assumption into office on June 30. 


The jurisdiction of the House of Representatives Electoral Tribunal (HRET) commences at noon of June 30, the start of the term of office of the members of the House of Representatives.


Led by Justice Jose Portugal Perez, the six other justices who voted to dismiss Reyes’ petition were Chief Justice Maria Lourdes P. A. Sereno, and Justices Teresita J. Leonardo-de Castro, Mariano C. del Castillo, Lucas P. Bersamin, Roberto A. Abad, and Bienvenido L. Reyes.


The dissenters were Senior Justice Antonio T. Carpio and Justices Arturo D. Brion, Marvic Mario Victor F. Leonen and Martin S. Villarama Jr.


Justices Jose Catral Mendoza, Estela M. Perlas-Bernabe and Presbitero J. Velasco Jr. inhibited themselves. Rep. Velasco is the son of Justice Velasco.  Justice Diosdado M. Peralta is on official leave.


Reyes is the daughter of Marinduque Gov. Carmencita Reyes and the sister of former congressman Edmundo Reyes Jr.


On March 27, 2013, the Comelec’s first division cancelled Reyes’ certificate of candidacy (COC) for being an American citizen and for lack of the one-year residency for candidates to an elective office.


It said that “a Filipino citizen who becomes naturalized elsewhere effectively abandons his domicile of origin.”


In the case of Reyes, the poll body said that “there is no showing whatsoever that respondent (Reyes) had already re-acquired her Filipino citizenship… so as to conclude that she has regained her domicile in the Philippines, and there being no proof that respondent had renounced her American citizenship, it follows that she has not abandoned her domicile of choice in the United States of America.”


The Comelec ruled that Reyes is an American citizen as evidenced by her use of a United States passport No. 306278853 in her travels to the US since October 14, 2005 up to June 30 2012.


It also said that Reyes was admitted to the California State Bar in 1995, maintained a US address, married an American citizen but the marriage was subsequently dissolved, and acquired properties and established businesses in the US.


According to the Comelec, Reyes may re-acquire her Filipino citizenship and become eligible for public service if she would “take the oath of allegiance to the Republic of the Philippines before the consul-general of the Philippine Consulate in the US and make a personal and sworn renunciation of her American citizenship before any public officer authorized to administer an oath.”


But the Comelec said that “in the instant case, there is no showing that respondent (Reyes) complied with the requirements” for the re-acquisition of Filipino citizenship.


“This the respondent utterly failed to do, leading to the conclusion inevitable that respondent falsely misrepresented in her certificate of candidacy (COC) that she is a natural born Filipino citizen,” it said.


“Unless and until she can establish that she had availed of the privileges of RA 9225 by becoming a dual Filipino-American citizen, and thereafter, made a valid sworn renunciation of her American citizenship, she remains to be an American citizen and is, therefore, ineligible to run for and hold any elective public office in the Philippines,” the Comelec ruled.



Tuesday, June 25, 2013

Of supermoon and ISS view of the Earth in real time!

Supermoon rising behind an old abandoned pizza house in Oton, Iloilo City.
Photo credit:Zhean Peter Nacionales 

Last Sunday evening the moon was at its closest distance to earth, a phenomenon that scientists refer to as supermoon, the closest supermoon of 2013 at 356,991 km from our earth . A full moon like that causes higher than usual tides because of its gravitational effect that you wonder if it also affects humans. Evidently astrologers believe that the positions and movements of the planets and stars that we see in the sky do influence human life. So many look up to the sky when they pray to beseech the Almighty and His wondrous creations.


This video, on the other hand, shows how the earth looks from space, and how unseen beings might see the earth. But did you know that with modern technology we could actually see our home planet from above - in real time? Sometimes, that is what you might see in the live video feed below from the International Space Station (ISS). It also includes internal views when the crew is on duty, a map showing the path of ISS in orbit, ISS turning its camera on itself and other features. You could also hear conversations between the crew and Mission Control. This morning while viewing ISS I heard a voice that said "it's morning out in the Philippines..." but it went offline after a minute.

This video feed is available whenever ISS is in contact with the ground. During loss of signal, viewers will see a blue screen and it takes a while to load. But then, again, you wonder what other inexplicable things you might luckily encounter along the way.


Saturday, June 22, 2013

Joseph Laban's "Nuwebe" for Cinemalaya Independent Film Festival

Veteran actress Anita Linda as Loleng

The 9th edition of Cinemalaya Independent Film Festival is happening from July 26 to August 4, 2013 at the Cultural Center of the Philippines and 10 films will be competing at the festival. "Nuwebe" written and directed by Joseph Israel Laban and shot on location in Marinduque is one of the films chosen for the said festival.

The films will be also shown at selected cinemas in Trinoma (Quezon City), Greenbelt 3 (Makati City) and in Alabang Town Center.

NUWEBEWritten and directed by:  JOSEPH ISRAEL LABAN
Cast:  Nadine Samonte, Jake Cuenca, Anita Linda, Manny Castañeda, Mikael Liwag, and Barbara Miguel; Produced by:  One Big Fight Productions (of Joseph Israel Laban), Ferdinand Lapuz, One Dash Zero, Monoxide Works, Ariel Bacol, and Derick Cabrido.

SYNOPSIS:  Inspired by the actual story of one of the youngest mothers in Philippine history, Nuwebe follows the story of Krista who at the tender age of 9 got pregnant from the sexual abuse perpetrated by her own father…  With an almost documentary style, the film follows the child’s story as she demonstrates a level of resilience uncommon to her age.  Her mother on the other hand is torn between her love for her child and her love for her husband.



Wednesday, June 19, 2013

Illuminati and the 'New Atlantis'


The Secret Mysteries of the Illuminati and the New Atlantis (2.5 hours). Winner for Best Documentary from the New York Film Festival, the Los Angeles Film Festival and the Tele Awards.  Discover ancient secrets of the Illuminati that affect our lives today in this award winning feature film, by far the best feature film ever produced on the history of the Illuminati, and Freemasonry secret societies.

Francis Bacon
Philippine Masonry, on the other hand, was born during the dawn of nationalism, when Filipino patriots were in the forefront of the search for a national identity.  It became the inspiration in the fight for equality, justice, and freedom; a struggle that started as a campaign for colonial reforms but transformed into a struggle for independence that led to the installation of the first Philippine republic in Asia.

Tuesday, June 18, 2013

Pope to G8: Money, politics and economics must serve, not rule

Pope Francis. Photo: AFP

Source: Vatican Radio

 As world leaders opened their G8 summit in Northern Ireland yesterday, British Prime Minister David Cameron in a letter sent to Pope Francis pledged to restore “strong and sustainable growth to the world economy” through progress on what’s being called the ‘3 Ts’ – taxation, trade and transparency. 

The UK assumed the one-year Presidency of G8 in January 2013. The G8 Summit, is taking place at Lough Erne on 17 and 18 June 2013, entitled A G8 meeting that goes back to first principles.

In his reply to the Prime Minister, made public at the weekend, Pope Francis offered “abundant blessings” for summit participants and stressed the importance of keeping human beings“ at the center of all political and economic activity”.

In an earlier letter to the Pope, Cameron stressed among others, thus: 

“Many of the world's poorest countries are shackled by a lack of transparency, corrupt practices and weak capacity. Too often, a veil of secrecy  allows corrupt corporations and officials in countries to flout the law and prevent development.”

“Too often, mineral wealth in developing countries becomes a curse rather than a blessing, as a lack of transparency fosters crime and corruption” Such wealth, the G8 president stated, often “brings conflict, greed, and environmental damage". 

Freedom from violence, good governance and justice are not only fundamental to achieving poverty eradication, but goods in themselves that all citizens of the world have equal right to enjoy, said Cameron.

Pope Francis stressed the importance of ensuring transparency and responsibility on the part of governments, measures that indicate the “deep ethical roots of these problems”. The Pope said that his predecessor Benedict XVI has likewise made clear that “the present global crisis shows that ethics is not something external to the economy.”

“Concern for the fundamental material and spiritual welfare of every human person is the starting point for every political and economic solution”,  the Pope said.

Sunday, June 16, 2013

Catholic bishops question 2013 elections


Philippine Catholic Bishops. Former Bishop of Boac, now Bishop of Imus, Reynaldo G. Evangelista shown in the middle. 

Questionable elections
by Rene G. Espina
Reposted from Manila Bulletin, published June 16, 2013

About three weeks ago, the Catholic Bishops Conference of the Philippines National Secretariat for Social Action (CBCP-NASSA) issued a statement that the 2013 elections were questionable. I am giving ample space in my column to that statement, since many of our citizens were not able to read it.

"The recent midterm national election makes a mockery of our democracy. Reports of rampant and large-scale vote buying, disenfranchisement of voters, malfunction of Precinct Count Optical Scan (PCOS), corrupted Compact Flash (CF) cards, transmission failures, and the non-compliance with the election laws by the Comelec which is mandated to manage and protect the electoral process, create public mistrust among the Filipinos.

Even before the election, the refusal of Comelec to allow parties to review the source code, as well as to install the necessary safeguards for the PCOS as provided by law, including the proper implementation of the random manual audit, cast doubt about the sincerity of the Comelec to conduct a transparent and authentic election. Source code review and other safety features are basically confidence-building mechanisms to attain clean, authentic, and credible election. We could not understand why Comelec sacrifices accuracy and truthfulness over "speed." Almost all transactions and decisions of the Commission are characterized by speed xx. Ironically the Comelec did not show the same speedy consideration to the recommendations from election advocates and watchdogs...
While we respect the positive observance and assessment of some Filipinos on the recent midterm election (being relatively peaceful, the process easier and faster, made easier by teachers, BEI's on duty, faster parallel manual counting etc). NASSA is not blind to the glaring discrepancies and election violations, the highly suspicious interventions, during the canvassing and the possible manipulation of election result during the lull hours of transmission, canvassing and consolidation of votes. 

We join the civil society watchdogs in demanding accountability from Comelec. We call for the responsible agencies for a thorough investigation of election irregularities, etc., and challenge all the faithful people of goodwill to break the culture of impunity. We as citizens should speak now. The so-called automated election with its malpractices will be perpetuated if we do not clamor for accountability. How can we obey and respect our leaders if we are not sure whether they are really elected by the people? The stake is the future of our democracy.." - rene.g.espina@gmail.com

Wednesday, June 12, 2013

'Liwanag ng Katotohanan' sa Kalayaan 2013


In today's Kalayaan 2013 rites at Liwasang Bonifacio, President Benigno S. Aquino III quotes Andres Bonifacio:

“Panahon na ngayong dapat na lumitaw ang liwanag ng katotohanan; 
panahon ng dapat nating ipakilala na tayo’y may sariling pagdaramdam, may puri, may hiya at pagdadamayan. 

Ngayon panahon ng dapat simulan ang pagsisiwalat ng mga mahal at dakilang aral na magwawasak sa masinsing tabing na bumubulag sa ating kaisipan.”





"Walang mang-aalipin kung walang paaalipin!" - Jose Rizal

Tuesday, June 11, 2013

Random comments posted on this blog


Video on how they did it.

maldita888 "Staging her own PEOPLE POWER....does she think she is some kind of Cory Aquino?! Her machinery of lies and deceit knows no boundaries! To continuously exploit the people of Marinduque in this way, the youth in particular, is so derogatory and shows how far she would go to get what she wants. Sinister sheister and her shenanigans! A wannabe lawmaker who scoffs at the law, can't even follow the law, makes up laws in her head as she goes- should be put in jail and made an example of."


aliciamabunga: "Napakalaking pagdusta sa hustisyang Pinoy na paupuin ang isang kumpirmadong American citizen sa Pilipinas bilang mambabatas.. INJUSTICE sa mga taga MARINDUQUE na pahabain pa sa pamamagitan ng DELAYING TACTICS ang ganitong harapang pambababoy sa sistema ng batas natin at malaking hamon sa pagpapatupad ng TUWID NA DAAN ng Pangulo...Habang ito ay nangyayari, ang mga pari ng Simbahang Katoliko sa Marinduque ay hindi pa halos tumitigil sa kanilang homily pag Linggo sa talamak na pamimili ng botos paggamit ng goons pananakot at ang kinalaman ng isang international mining company na hayagang pinapagyabang ng mga Reyes... ISINANGLA , GINAHASA AT GINISA na naman ang mga mahihirap na taong-bayan sa sarili nilang mantika NG DINASTIYA na naman... Matinding dasal para makamtan ng mga taga-Marinduque SA WAKAS ang Hustisya!"


bernie monleon: "Electoral at Environmental Justice? Sali ako jan."


denisse mccoll: "... So they keep violating the law. That goes on and on but my oh my there must be an end to all these.. by golly my poor Marinduque and the system!"


iluminada motol: "... Inamin niya sa Comelec proceeding na hindi siya kasal kay Mandanas without merit yung kasal at hindi binding. Sabi niya noon she never was a permanent resident or citizen of a foreign country. Nung nahuli ay binago at American daw siya dahil daw sa pagpakasal sa isang U.S. din sus! The uscis.gov has a link that explains the path for naturalization..."


aliciamabunga: ""All that is necessary for the triumph of evil is that good men do (or say) nothing." (Edmund Burke)... ...They are standing idly by, they are mere spectators. They sit on the sidelines instead of actively participating in discussions and working for the good. If good wins, they join in the celebration though they did nothing to produce the victory. If evil wins, they will complain long and loud though their own apathy (and ignorance) helped produce the undesirable result."


toots nj: "Ay totoo iyan at ang kasamaan, kasalanan at makasalanang mga tao ay dapat patuloy na kinokontra. Utos ng Panginoon na aktibong labanan yan dahil kapag walang tatayo, magsasalita, babatikos, kokontra sa mga panglilinlang, baluktot na ay inabaluktot pa na mga bagay ay lalo lamang silang gadami. Paano pa ang inasabing Kalayaan June 12 at kalayaang magpahayag ng damdamin kung abusalan ang bibig ng mga tao?


Trish: "This is exactly what I'm talking about, Marinduque's election are well known for the greedy and ungodly mannered politicians! For as long as you're selling your vote, don't blame anybody when time comes and your grandkids grow up with terrorists neighbors. Are this people can sleep at night? People who can do that are only Sociopaths! Meaning no guilt and everything is for his own good! But I wouldn't worry about it. For whatever goes around, comes around! Karma will be served in His Time! Wake up Marinduquenos! Be a part of the solutions.. don't make Marinduque worse than it is already! Ugly elections, here comes again! Shame on you people! Have Mercy to our poor Kababayan. They could have been you!"


Mariposky: "I'm spending the prime of my life under this political landscape. Nahihiya n aq sa susunod na henerasyon sa ipapamana ng ating lahi....."


discus_d1J25M7NZ1: "... KAHIT PA SIYA AY PROCLAIM AS A WINNER. SIYA AY ISANG HUWAD. BLOCK THE POSITION. WALANG DAPAT UUPO HANGGANG WALANG SOLUTION. FILE COURT INJUCTION NOW!!!! KAHIT SINO AY PUEDING MAG FILE NOON..."


robert: "sana gumising ang ating mga kababayan sa marinduque. they cannot possibly go on allowing such politicians to continue ruining their economy and standard of living. what I know is under this Reyes leadership and other politicians, I left marinduque in 1993 and returned to find the same asphalt road breaking down in 2005. Not much changed during that time and even now. The people of Gasan should protest for the proclamation irregularities. But at the same time, siguradong their only watching out for their safety. Alam naman naten may mga taong biglang nawawala sa pilipinas due to political oppression. but thanks to the blogger for a view into the marinduque election"


Meryy: "Huge mistakes Gina Reyes! And you are a Lawyer yourself! You should know better than that; poor judgment! You never, ever mess up with the US Embassy especially now a days! Big consequences! Your power is only good over there in the Philippines! We are all equal over this end, thank God.


Robert: "we do learn a lot about a person from bits and pieces of action they take. this regina reyes is not a worthy person to elect as a legislature. kung ibabasura nya ang requirements ng batas para mag apply as a candidate, e ano kayang mga palusot ang gagawin nyan pag nasa position na ano?. Bad step ng reyes yan. if they wanted to hold power dapat gumawa sila ng di nakakasira sa pangalan nilang sira na. palalakasin lang nila ang kanilang kalaban. there is a limit sa pag bibili ng boto di ba. lahat ng tao sa marinduque alam ang bilihan ng boto. no one wants to admit and prosecute kasi prosecutor mismo di rin marunong e. please forgive my spelling in tagalog."

Ewine.ph: "this is sad. we should be smart when electing people in our country. i follow maria ressa for great news. http://ph.linkedin.com/pub/mar..  

Burog: "History repeats itself! If memory serves me well ganyan din ata ang drama nun Reyes vs. bocobo. That time it's Miranda today it's villa. Hm both during regime of Aquino."

chicago2012: "history repeats itself when people forget, hindi natuto at inahayaan lamang mangyari ang ganitong uri ng kasamaan. bilang paglinaw yung naunang drama sa pagproklama ng hindi panalo ay naganap nung unang aquino (cory) pero hindi naman masasabi na may kinalaman ang presidente doon. nagkataon lamang yata na aquino rin ang nakapuwesto ngayon (pnoy) pero hindi pa rin masasabi na may kinalaman siya dahil ngani sa daang matuwid. awan laang kung agustuhin ni pnoy na itaguyod ang ganiring baluktot at lihis sa katuwiran."

Sunday, June 9, 2013

Marinduqueno, Mandin forum: Moral and legal issues

Concerns over the issue of a non-candidate proclaimed winner of the congressional race in Marinduque and the thought of such a person actually assuming that position in blatant disregard of existing laws are mounting. Comments on this blog and on the popular discussion forum 'Marinduqueno, Mandin' on Facebook administered by Boac, Marinduque’s Pipo Nepomuceno raise moral (matuwid na daan), and legal (proclamation of a non-candidate) issues on such an eventuality.


A recent Marinduqueno, Mandin post:

Asked by TAga MArinduke Rin Ako -Taga Marinduque ka kung... : Magiging kasiraan ba sa Matuwid na Daan ni Pnoy kapag hindi agarang naituwid ng Comelec ang proklamasyong ginawa para sa Representante ng Marinduque at hayaang mapasailalim sa isang diskwalipikado at aminadong U.S. citizen?
Top of Form
OO
·         +32
HINDI
·         +3
Bottom of Form
Top of Form
Unlike ·  · Unfollow Post · Friday at 5:44pm

·         Jonas Subagan Nasaan baga yang tuwid na daan?

·         
Pipo Nepomuceno Kahit baluktot basta may direksyon at alam ang apuntahan. Sustagen!

Friday at 6:07pm via mobile · Like · 2
·         
Jonas Subagan Mahawang ulohan ang aking nakikita ay..... hehehehe

Friday at 6:15pm · Edited · Like · 1
·         
Pipo Nepomuceno Hehe....

·         
Arra Mae Mistiola Tanong ko laang po,kung disqualified po ang tumakbong representative na si Ms. Gina Reyes sa 

kadahilanang siya ay isa ng American citizen, bakit po sa umpisa pa laang n0ong siya ay nag-

file ng candidacy ay hindi po agad sinabi na disqualified po siya?

naitan0ng ko laang po..

·         
Rodel Mandac Ang daming question pde minsan eh mahirap sagutin. Napakadaming 

American Citizen na nasa position. Sa senado na lang tanungin niyo c grâce, Alan cayetano 

Kung anong Citizen nila. Hayyyysss, ayaw patalo dahil sa pera, laki kasi ng......tsk..tsk...

·         
Angelica Magcamit Baka holders of dual citizenship po ang mga cayetanos at hindi 

naturalized americans...


·         
Ed Riego Alan Cayetano "renounced" U.S. citizenship to stand for election to the Philippine 

House of Representatives in the 1998 elections, and to gain admission to the Philippine Bar 

that same month. He then would go on to become the Philippine Senate Minority Leader.

·         
Pipo Nepomuceno Arra.... i beg to disagree with your logic.

Yesterday at 5:48am via mobile · Like · 4
·         
Angelica Magcamit salamat sir Ed Riego sa info..

·         
Shad Barbaran Para po sana malinaw, wag na lang muna ikumpara sa ibang cases na 

"similar" ung kasalukuyang sitwasyon sa DQ case ni mam Gina..kung may mga irregularities 

man sa nangyari, eh sana maayus na din ng comelec o kung sinumang institution at may 

karapatang magdecide sa kaso 

·         
Bang Bang Gasan Marinduque Dapat iparecount ni Cong Velasco magbayad sya sa 

comelec para marecount nang mano-mano dahil marami nang balita na ito daw pcos ay may

 mali din sa bilang.

·         
Sandee-alex Riego Delgado malaking dagok sa pamunuan ni pnoy pag nagkataon na

 paboran ang qualipikasyon ni gina. hindi lang ang marinduqueno kundi buong pilipinas ang

 nakatutok sa kasong ito.

·         
Shad Barbaran Kasiraan sa konsepto ng matuwid na daan, pero hindi kasiraan ni

 pinoy...ung command responsibility kasi sa Presidente lahat ang bagsak ng sisi, normal na po

 ata un, peyborit na kanta nila "ako ang nakikita, ako ang nasisisi, ako ang laging may 

kasalanan" hehehe

·         
Roncis Nitoral Lintot I think it's not.Kasi itong si Ms.Gina at Gov.Reyes ay matuturing

 na sampid sa LP.ngayon lang sila naging LP bets.Si edmund lang talaga ang tunay..Ni hindi

 ngani natin nakita sa poster nila na naindorse sila.Hindi nakahawak ang kamay.Edited kung 

baga.maidikit lang sa Popularity ni PNoy.

·         
Bianca Isabela Therese Liwanag the people of marinduque have already spoken! it gina

 reyes and not velasco. and assuming that cong elect reyes will be disqualified on citizenship

 issue, velasco cannot take over the vacancy on the basis that he doesnt have the mandate to

 sit as congressman. we do question the validity of the automated election, the way politician

s bribe the voting public. but at the end of the day we are the one electing our leaders and if 

others believe that they are not worthy of the position, the majority spoke otherwise.

·         
Shad Barbaran uy, bago eto ah- "assuming that cong elect reyes will be disqualified on

 citizenship issue, velasco cannot take over the vacancy on the basis that he doesnt have the

 mandate to sit as congressman..." hehehehe malabo pala si brillantes ahehehe

·         
Angelito Lingon napaka simple lng ng isyu, "DISQUALIFIED" dahil alien, mahirap bang

 unawain, kung yang batas na yan ay hindi nya maunawaan pano pa kaya kung nasa congress

 na sya, di ba abogado sya? may mga tao kasing nasa pwesto sa gobyerno ang natatakot 

maalis sa posisyon dahil iyon ang negosyo nila, kaya sobra ang panguyapit kahit alam na 

mali.

18 hours ago · Like · 3
·         
Bianca Isabela Therese Liwanag kht sinong abogado sir ang tanungin mo, they knew 

that there is a precedent sa ganyan klase ng protest. at walang nakaupong talo sa eleksyon

. kht pa sabihin ni brillantes na uupo si velasco because of technicality, the SC will just nullify

 it. ikaw sir, may kilala ka ba na natalo sa elekyon na nakaupo after na madisqualify yung

 nanalong kandidato? the only exeption to the general rule of sucession is the case of labo vs

 comelec. and granting that reyes is disqualified, then a special election is necessary to fill the 

vacancy created by the disqulification.

·         
Angelito Lingon wala akong sinabing papaupin si velasco, my point is kung pano sumunod

 sa batas ang isang mamababatas? kung pwede pala yan eh di lahat pala ng Pilipino na nasa

 ibang bansa pwedeng tumakbo ng anu mang posisyon dito kahit American Cititizen sila at

 walang pang 1 year residency dito. Ang panggagamit sa kabataan na walang kinalaman sa

 pulitika ay tama rin pala! nagtatanung lang po..... wala akong pinipili sa dalawa mas mabuti

 pa nga si Pareng Edmund n lng eh at least sya di Alien. Parang sinasabi mo na nagkamali pa

 pala si COMELEC Brillantes ng ipangalandakan nya sa buong Pilipinas na Disqualifiied si Ms.

 Gina dahil nagkaroon ng problema ang Marinduque kung may uupo ba o walang

 Represantante....at saka sa pagkakabasa ko eh 2-days before Election naglabas ng desisyon

 si Chairman Brillantes.

17 hours ago · Like · 1
·         
Bianca Isabela Therese Liwanag its not for you sir angel, its for chad:) anyway po, its 

true that anybody can run even if they not a citizen of this country. it is not the comelec 

mandate to validate the citizenship of every candidate. may equal protection clause po tayo

 and they give the benefit of the doubt that all those who file states everything thruthfuly

. trabaho na po yun ng kalaban nya o some concerned citizen who really knew the facts. acc 

to you po, if chairman brillantes said that they disqualified reyes 2 days before, then there

 should be no proclamation for gina reyes. in which i dont know, if she was proclaimed the

 winner or not by the provicial board of canvassers headed by the prov comelec chaiman

. kung naiproklama po sya, medyo bka magkaroon na ng problema, kse kung hindi po, the 

provicial comelec chairman will just rule that every vote for gina reyes is a stray vote 

because she is disqualified, and then proceed for the proclamation of velasco instead, on the

 basis that he is running unopposed and only one vote is required for you to be reelected. but

 since nagkakagulo ngayon, malamang naiproklama si gina reyes as the winner of the

 election, therefore the losser is the incumbent. then we should asked the provincial comelec

 chairman if he received the said notice of disqualifying reyes because if not, then sixto

 brillantes myt be grandstanding only. ang daling i fax ng enbanc decision, minuto lang nadun

 na sa kapitolyo yon. or chairman brillantes opt to delay the transfer of the decision to favor

 somebody, in which im just speculating. he is not an election lawyer par exellence for 

nothing.

·         
Orlando Pasky Pascual hindi--- independente ang commision on election


Orlando Pasky Pascual with the post's premises--- kasiraan ng mga taga marinduque yun
·         
Orlando Pasky Pascual --nating mga taga marinduks

·         
Shad Barbaran Kung para po sa akin ung post ni Bianca eh no comment na lang po ako, at

 ako'y hindi abogado hehehehe andito na din sa post ung habulan scene dun sa canvassing 

hehehe


Petition before COMELEC.

No less than Comelec chairman Sixto S. Brillantes, Jr. in an interview by former Vice-President Noli de Castro over the latter's DZMM radio program confirmed that the certificate of candidacy of Regina O. Reyes has been cancelled with finality by an En Banc Resolution and that the proclamation of Reyes by the provincial board of canvassers was indeed “questionable”, according to the Comelec chairman. The candidacy of Reyes was cancelled by the poll body after a “tedious evaluation of the claims and defenses brought about by the two contending parties in the case at bar”, the en banc resolution promulgated May 14, 2013 so stated.

Incumbent congressman Lord Allan Velasco who has filed a petition for annulment of the proclamation has maintained that the proclamation of Reyes as congressman on the strength of a mere Order issued by the provincial board of canvassers on May 15, 2013, despite the incomplete canvass of votes, is illegal.

“One cannot dispute the fact that the Comelec En Banc has already affirmed the ruling of Comelec First Division cancelling Reyes’ certificate of candidacy. Any and all votes cast in her favor are considered stray votes”, Velasco said, “as her COC is void from the beginning.”

Reyes, Velasco said in his petition, “neither took an oath of allegiance to the Republic of the Philippines nor made a personal and sworn renunciation of her American citizenship before any public officer authorized to administer an oath as required by R.A. No. 9225, and as such she never regained her domicile in Marinduque, remaining as an American citizen.” These facts that rendered her certificate of candidacy void from the beginning were correctly found by the Comelec First Division and confirmed by the Commission En Banc, Velasco said.

The Marinduque congressman likewise pointed out in a separate motion to the Comelec a Supreme Court ruling that states thus: “If a certificate of candidacy void ab initio is cancelled on the day, or before the day, of the election, prevailing jurisprudence holds that all votes for that candidate are stray votes. If a certificate of candidacy void ab initio is cancelled one day or more after the elections, all votes for such candidate should also be stray votes because the certificate of candidacy is void from the very beginning. This is the more equitable and logical approach on the effect of the cancellation of a certificate of candidacy that is void ab initio. Otherwise, a certificate of candidacy void ab initio can operate to defeat one or more valid certificates of candidacy for the same position.”